What is the standard of proof in a defective drug injury claim?

The standard of proof in a defective drug injury claim in New York is known as the “preponderance of the evidence” standard. This means that in order for a plaintiff to prevail, they must prove that it is more likely than not that the defective drug caused their injury. The plaintiff must provide evidence of the facts necessary to support their claim. This may include medical expert testimony, evidence of manufacturer negligence, evidence that the drug was defectively designed or manufactured, or evidence of inadequate warnings labels. Additionally, the plaintiff must prove they suffered an injury or other negative consequence as a direct result of taking the defective drug. The plaintiff’s evidence must be weighed against any evidence the defendant brings to the table. Ultimately, the court must decide which party, if any, has presented a “preponderance of the evidence” which shows that their version of the facts is more likely true than the other party’s version. If the plaintiff is able to prove they are more likely to be correct than the defendant, they are entitled to the compensation they have requested.

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What is the standard of proof in a defective drug injury claim?

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